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CITY OF LINCOLN v. JOHNSTON

No. 20120068.

818 N.W.2d 778 (2012)

2012 ND 139

CITY OF LINCOLN, Plaintiff and Appellee, v. Matthew JOHNSTON, Defendant and Appellant.

Supreme Court of North Dakota.

July 12, 2012.

Attorney(s) appearing for the Case

Jaclyn M. Stebbins (on brief), City Prosecutor, Bismarck, N.D., for plaintiff and appellee.

Robert V. Bolinske, Jr. (on brief), Bismarck, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Matthew Johnston appeals from a criminal judgment after he conditionally pled guilty to driving a vehicle under the influence of intoxicating liquor. He argues a bicycle is not a "vehicle" under N.D.C.C. § 39-08-01. Concluding a bicycle is considered a "vehicle" under N.D.C.C. § 39-08-01, we affirm.

I

[¶ 2] On August 16, 2011, the City of Lincoln charged Johnston with driving under the influence of intoxicating...

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